Criminal DEFENCE Blog

general information about the field of calgary criminal law

Death facts a mystery

The circumstances surrounding the unlawful death of [a] Calgarian remain shrouded in mystery, a judge lamented yesterday.

Queen’s Bench Justice John Rooke said he is unable to determine crucial facts upon which a jury found [the accused] killer guilty of manslaughter. Prosecutor Gary Cornfield and defence counsel David Chow had asked Rooke to make certain findings before they provided sentencing submissions in the case. [the accused] was convicted by a jury in June of manslaughter in the Oct. 12, 2005, meat-cleaver death of [the victim], 18, inside the killer’s home.

Rooke said it wasn’t clear whether jurors ruled [the accused] simply used excessive force in repelling an attack by [the accused], or settled on manslaughter for other reasons. Chow said without specifics the court should give his client the benefit of the doubt on disputed facts.